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  • Acts
  • 2009
  • Chapter 26 AN ACT MAKING APPROPRIATIONS FOR THE FISCAL YEAR 2009 TO PROVIDE FOR SUPPLEMENTING CERTAIN EXISTING APPROPRIATIONS AND FOR CERTAIN OTHER ACTIVITIES AND PROJECTS.

Whereas, The deferred operation of this act would tend to defeat its purposes, which are forthwith to make supplemental appropriations for fiscal year 2009 and to make certain changes in law, therefore it is hereby declared to be an emergency law, necessary for the immediate preservation of the public convenience.

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same as follows:

SECTION 1. To provide for supplementing certain items in the general appropriation act and other appropriation acts for fiscal year 2009, the sums set forth in section 2 are hereby appropriated from the General Fund unless specifically designated otherwise in this act or in those appropriation acts, for the several purposes and subject to the conditions specified in this act or in those appropriation acts and subject to the laws regulating the disbursement of public funds for the fiscal year ending June 30, 2009. These sums shall be in addition to any amounts previously appropriated and made available for the purposes of those items.

SECTION 2.

JUDICIARY
Committee for Public Counsel Services

0321-1510.......................................................... $9,384,188
0321-1520.......................................................... $2,075,987

Secretary of the commonwealth
Office of the Secretary of the Commonwealth

0521-0000............................................................. $44,684

OFFICE OF THE STATE COMPTROLLER
Office of the State Comptroller

1599-3384.......................................................... $4,090,226

EXECUTIVE OFFICE FOR ADMINISTRATION AND FINANCE
Human Resources Division

1750-0100............................................................ $250,000

EXECUTIVE OFFICE OF HEALTH AND HUMAN SERVICES
Office of the Secretary of Health and Human Services

4000-0500......................................................... $21,419,707

EXECUTIVE OFFICE OF TRANSPORTATION AND PUBLIC WORKS
Highway Department

6010-0002............................................................ $579,894
6030-7201.......................................................... $4,490,922

SECTION 2A. To provide for certain unanticipated obligations of the commonwealth, to provide for an alteration of purpose for current appropriations and to meet certain requirements of law, the sums set forth in this section are hereby appropriated from the General Fund unless specifically designated otherwise in this section for the several purposes and subject to the conditions specified in this section, and subject to the laws regulating the disbursement of public funds for the fiscal year ending June 30, 2009. These sums shall be in addition to any amounts previously appropriated and made available for the purposes of those items.

EXECUTIVE OFFICE FOR ADMINISTRATION AND FINANCE
Reserves

1599-1031.. For a reserve to meet the costs identified by the department of public health associated with responding to an outbreak of the H1N1 virus; provided, that funds may be expended on staffing costs within the state laboratory, dissemination of public information, antiviral medication for the treatment or prevention of the H1N1 virus and the purchase of laboratory equipment specific for the testing for the H1N1 virus; provided further, that funds from this item shall not be expended on salaries or contracts for personnel hired by the department of public health on or after April 15, 2009; provided further, that the secretary of health and human services shall submit a spending plan to the executive office for administration and finance and the house and senate committees on ways and means before the disbursement of funds from this reserve; and provided further, that the department of public health and the executive office of health and human services shall seek federal reimbursement for any eligible expenditures from this reserve $2,845,216

1599-1701.. For a reserve for the state share of costs to certain municipalities and municipal lighting plants as identified by the Federal Emergency Management Agency for Emergency Declaration 3296 relating to the December 2008 severe winter storm, for the counties of Berkshire, Bristol, Essex, Franklin, Hampden, Hampshire, Middlesex, Suffolk and Worcester; provided, that not less than $150,000 shall be expended for an emergency assistance safety grant as appearing in item 7007-0900 of section 2 of chapter 182 of the acts of 2008; and provided further, that not less than $150,000 shall be expended to the town of Spencer for the reimbursements of costs associated with the drinking water emergency in April 2007............................................. $6,300,000

SECTION 2C. For the purpose of making available in fiscal year 2010 balances of appropriations which otherwise would revert on June 30, 2009, the unexpended balances of the maintenance appropriations listed below, not to exceed the amount specified below for each item, are hereby re-appropriated for the purposes of and subject to the conditions stated for the corresponding item in section 2 of chapter 182 of the acts of 2008. Amounts in this section are re-appropriated from the funds designated for the corresponding item in said section 2 of said chapter 182. The sums re-appropriated in this section shall be in addition to any amounts available for these purposes.

EXECUTIVE OFFICE FOR ADMINISTRATION AND FINANCE
Reserves

1599-1004.......................................................... $7,203,513

EXECUTIVE OFFICE OF HOUSING AND ECONOMIC DEVELOPMENT
Department of Business and Technology

7007-0900.......................................................... $1,100,000

SECTION 3. Chapter 6 of the General Laws is hereby amended by striking out section 116E, as appearing in section 1 of chapter 525 of the acts of 2008, and inserting in place thereof the following section:-

Section 116E. (a) The municipal police training committee shall develop and establish within the recruit basic training curriculum a course for regional and municipal police training schools for the training of law enforcement officers in bicycle safety enforcement and develop guidelines for traffic enforcement for bicyclist safety. As used in this section, “law enforcement officer” shall mean an officer of a municipal police department.
(b) The course in bicycle safety enforcement shall include, but not be limited to, instruction in the procedures and techniques described below:
(1) the rights and duties of bicyclists set forth in chapter 85;
(2) patterns and sources of injuries to bicyclists, both those involving and those not involving motor vehicles and the percentage of crashes involving cyclists riding against traffic, riding at night and riding on sidewalks;
(3) the most dangerous actions by bicyclists and procedures for citing bicyclists, including minors;
(4) common motorist actions causing bicycle crashes;
(5) reporting bicyclist crashes; and
(6) motorists intentionally endangering bicyclists.
(c) All law enforcement recruits shall receive the course in bicycle safety enforcement as part of their required training program.
(d) The course of instruction, the learning and performance objectives, the standards for training and the guidelines shall be developed by the municipal police training committee in consultation with the Massachusetts Bicycle Advisory Board and appropriate groups and individuals having an interest and expertise in bicycle safety.
(e) The municipal police training committee may include this course of instruction within its in-service training curriculum available to in-service trainees and any other public safety officers.

SECTION 4. Chapter 7A of the General Laws is hereby amended by striking out section 12, as appearing in the 2006 Official Edition, and inserting in place thereof the following section:-
Section 12. (a)(1) All reports published under this section shall be filed with the governor, the secretary of administration and finance, the house and senate committees on ways and means and the clerks of the house and senate and any other parties specified in general or special law.
(2) The comptroller shall prepare an annual statutory basis financial report based on the final closing of the accounting records. The report shall be published annually not later than October 31.
(3) The statutory basis financial report shall present fairly the aggregated financial statements for the budgeted governmental funds and tables of beginning and ending balances, revenues, sources, expenditures and uses for the non-budgeted governmental funds and the capital project governmental funds. These statements shall be reviewed in accordance with professional standards established by the American Institute of Certified Public Accountants. The reports shall be prepared in accordance with the accounting system established by the comptroller under section 7, as cash outflows, including expenditures made under section 13 of said chapter 29 and cash inflows including receipts of federal grants and subsidies from other governmental entities for reimbursement of such expenditures.
(4) The comptroller shall include, supplemental to the aggregated financial statements in the statutory basis financial report, a statement of the consolidated net surplus in the budgetary funds for the preceding fiscal year, under section 5C of chapter 29 and the amount by which such surplus exceeds the maximum allowable amount under section 2H of chapter 29.
(5) Accompanying the statutory basis financial statements, the comptroller shall include financial statements for the budgeted funds that compare the budgeted amounts to final operations for each fund subject to appropriation.
(6) The comptroller may include narratives, statistical tables and other disclosures and reference material in the statutory basis financial report that the comptroller considers, in his professional judgment, appropriate.
(b) The comptroller shall prepare an annual federal funds report based on the final closing of the accounting records which shall be published not later than the second Wednesday in January and shall present fairly all federal funds received by each agency and department during the fiscal year. The report shall include for each program of federal financial participation the opening balances, revenues and other sources, expenses and other uses and ending balances for the fiscal year. The final federal funds report shall be audited in conjunction with the state single audit and the report of the auditor shall be included.
(c) The comptroller shall prepare a comprehensive annual financial report in conformity to generally-accepted accounting principles for governments which shall be published not later than the second Wednesday in January. The report shall be audited in accordance with generally-accepted auditing standards and generally-accepted governmental auditing standards and the report of the auditor shall be included.

SECTION 5. Chapter 21A of the General Laws is hereby amended by inserting after section 2 the following section:-
Section 2A. The secretary shall be the state natural resource trustee and may compromise or settle any claim for damages for injury and for destruction or loss of natural resources, including the costs of assessing and evaluating the injury, destruction or loss, incurred or suffered as a result of a release or threat of release, under section 5 of chapter 21E, 42 U.S.C. §9607(f) 33 U.S.C. §2706 and other applicable law in accordance with this section. If any such claim, including the costs of assessment, is valued at less than $100,000, or at a higher amount determined in writing by the attorney general, the secretary may settle and compromise the claim if the secretary has given written notice and all pertinent information regarding the settlement to the attorney general or his designee at least 30 days before execution of the settlement. The secretary may settle and compromise claims valued at greater than $100,000, or at a higher amount determined in writing by the attorney general, only with the prior written approval of the attorney general or his designee.

SECTION 6. Section 4 of chapter 29D of the General Laws, as appearing in the 2006 Official Edition, is hereby amended by striking out subsection (d) and inserting in place thereof the following subsection:-
(d) The board of trustees shall consist of 7 trustees, including the secretary of administration and finance or a designee, the executive director of the group insurance commission or a designee, the executive director of the public employee retirement administration commission or a designee, the state treasurer or a designee, the comptroller or a designee and 2 additional trustees, 1 of whom shall be appointed by the governor and 1 of whom shall be appointed by the state treasurer. The appointed trustees shall serve for terms of 5 years and shall be experienced in the field of investment, financial management, law and public management. Trustees shall be eligible for reappointment.

SECTION 7. Section 24 of chapter 32A of the General Laws, inserted by section 8 of chapter 61 of the acts of 2007, is hereby amended by striking out subsection (a) and inserting in place thereof the following subsection:-
(a) There shall be established and set up on the books of the commonwealth a fund to be known as the State Retiree Benefits Trust Fund. The Health Care Security Trust board of trustees established in section 4 of chapter 29D shall be the trustee of and shall administer the fund in accordance with that section. The fund shall be an expendable trust not subject to appropriation.

SECTION 8. Said section 24 of said chapter 32A, as so inserted, is hereby further amended by adding the following 3 subsections:-
(f) The trustees shall adopt an annual budget for the fund and supplemental budgets that the trustees consider necessary, subject to the approval of the general court. Funding for the budget shall be from the investment return of the fund. If the general court takes no final action to disapprove a budget within 60 days after its filing with the clerk of the house of representatives and the clerk of the senate, the budget shall be considered to be approved. If the general court disapproves a budget within 60 days after it has been filed, the trustees shall operate under the annualized budgetary level most recently approved pending the filing and subsequent approval of any other annual or supplemental budget request.
(g) The trustees shall engage actuaries experienced in retiree health care costs to perform annual actuarial calculations in accordance with Government Accounting Standards Board Statements 43 and 45, using data as needed from the group insurance commission, the public employee retirement administration commission, the state treasurer and the comptroller and prepare funding schedules to be filed in accordance with section 25.
(h) The trustees shall engage an independent auditor to perform an annual audit of the State Retiree Benefits Trust Fund’s assets, liabilities, net assets, investments and operations on an annual basis in accordance with government auditing standards and policies established by the comptroller. The annual audit report shall be made available to all participating subdivisions, authorities, boards or instrumentalities not later than September 15.

SECTION 9. Section 2 of chapter 38 of the General Laws, as appearing in the 2006 Official Edition, is hereby amended by striking out, in line 6, the words “in Forensic Pathology” and inserting in place thereof the following words:- with certification in anatomic pathology and subspecialty certification in forensic pathology.

SECTION 10. Said section 2 of said chapter 38, as so appearing, is hereby further amended by striking out, in lines 7 and 8, the words “, a diplomat of the American Board of Anatomic and Forensic Pathology”.

SECTION 11. Chapter 85 of the General Laws is hereby amended by striking out section 11C, as appearing in section 6 of chapter 525 of the acts of 2008, and inserting in place thereof the following section:-
Section 11C. A police officer who observes a traffic law violation committed by a bicyclist may request the offender to state his true name and address. Whoever, upon such request, refuses to state his name and address or whoever states a false name and address or a name and address which is not his name and address in ordinary use, shall be punished by a fine of not less than $20 nor more than $50. An offender who refuses to state his true name and address may be arrested without a warrant for such refusal but no person shall be arrested without a warrant for any other traffic law violation committed while operating a bicycle. A police officer shall use the ticketing procedure described in chapter 90C to cite a bicyclist for a traffic law violation but the violation shall not affect the status of the bicyclist’s license to operate a motor vehicle nor shall it affect the bicyclist's status in the safe driver insurance plan. When a citation is issued to a bicyclist, it shall be clearly indicated on the ticket that the violator is a bicyclist, and failure to do so shall be a defense to the violation.
The parent or guardian of a person under 18 years of age shall not authorize or knowingly permit that person to violate this section. A violation of this section by a person under 18 years of age shall not affect any civil right or liability nor shall the violation be a criminal offense. If the offender is under 16 years of age, the officer may give the notice to the parent or guardian of the offender.

NO SECTION 12.

Section 13. Section 132 of chapter 58 of the acts of 2006 is hereby amended by striking out, in line 11, the word “thereafter” and inserting in place thereof the following words:- for 2 years after the effective date of this section and then bi-annually.

SECTION 14. Chapter 139 of the acts of 2006 is hereby amended by striking out section 96 and inserting in place thereof the following section:-
Section 96. Notwithstanding any general or special law to the contrary, the formula for application of funds provided in section 35J of chapter 10 of the General Laws shall not apply in fiscal year 2007.

SECTION 15. Chapter 61 of the acts of 2007 is hereby amended by striking out section 49 and inserting in place thereof the following section:-
Section 49. Notwithstanding any general or special law to the contrary, the formula for application of funds provided in section 35J of chapter 10 of the General Laws shall not apply in fiscal year 2008.

SECTION 16. Section 12 of chapter 135 of the acts of 2008 is hereby repealed.

SECTION 17.
Item 0610-2000 of section 2 of chapter 182 of the acts of 2008 is hereby amended by striking out the words ”; and provided further, that funds available in fiscal year 2008 shall be available for expenditure until June 30, 2009”.

SECTION 18.
Said section 2 of said chapter 182 is hereby further amended by striking out the item number “2800-0500” and inserting in place thereof the following item number:- 2800-0501.

SECTION 19.
Said section 2 of said chapter 182 is hereby further amended by striking out the item number “2810-2040” and inserting in place thereof the following item number:- 2810-2041.

SECTION 20. Item 4000-0320 of said section 2 of said chapter 182 is hereby amended by adding the following words:- ; and provided further, that for the purpose of accommodating discrepancies between the receipt of retained revenues and related expenditures, the department may incur expenses and the comptroller may certify for payment amounts not to exceed the lower of this authorization or the most recent revenue estimate as reported in the state accounting system.

SECTION 21. Said section 2 of said chapter 182 is hereby further amended by striking out the item number “4401-1100” and inserting in place thereof the following item number:- 4401-1101.

SECTION 22. Item 7007-0900 of said section 2 of said chapter 182 is hereby amended by inserting after the word “promotion”, inserted by section 48 of chapter 302 of the acts of 2008, the following words:- security, public safety costs.

SECTION 23.
Item 7035-0002 of said section 2 of said chapter 182 of the acts of 2008 is hereby amended by striking out the words “; provided further, that funds shall only be expended in the CC, HH, PP, and UU object classes”.

SECTION 24.
Item 8000-0202 of said section 2 of said chapter 182 is hereby amended by striking out the words “, that no funds shall be expended in the AA object class; and provided further”.

SECTION 25.
Said chapter 182 is hereby further amended by striking out section 81 and inserting in place thereof the following section:-
Section 81. Notwithstanding any general or special law to the contrary, the formula for application of funds provided in section 35J of chapter 10 of the General Laws shall not apply in fiscal year 2009.

SECTION 26.
Section 86 of said chapter 182 is hereby amended by striking out the figure “$372,000,000” and inserting in place thereof the following figure:- $352,000,000.

SECTION 27.
Subsection (b) of section 88 of said chapter 182 is hereby amended by striking out the second sentence and inserting in place thereof the following sentence:- Not less than $1,102,561,456 shall be transferred from the General Fund to the Commonwealth Care Trust Fund and not less than $47,996,382 shall be transferred from the Commonwealth Care Trust Fund to the Health Safety Net Trust Fund.

SECTION 28.
Section 2C of chapter 302 of the acts of 2008 is hereby amended by striking out the item number “7010-0016” and inserting in place thereof the following item number:- 7010-0216.

SECTION 29.
Section 61 of said chapter 302 is hereby repealed.

SECTION 30.
Section 2A of chapter 303 of the acts of 2008 is hereby amended by striking out the item number “6033-0817” and inserting in place thereof the following item number:- 6035-0817.

SECTION 31.
Said section 2A of said chapter 303 is hereby further amended by striking out the item number “6033-0837” and inserting in place thereof the following item number:- 6035-0837.

SECTION 32.
Section 2B of said chapter 303 is hereby amended by striking out the item number “6033-0867” and inserting in place thereof the following item number:- 6035-0867.

SECTION 33. Said section 2B of said chapter 303 is hereby amended by striking out the item number “6033-0877” and inserting in place thereof the following item number:- 6035-0877.

SECTION 34.
Said section 2B of said chapter 303 is hereby amended by striking out the item number “6033-0887” and inserting in place thereof the following item number:- 6035-0887.

SECTION 35.
Section 2C of said chapter 303 is hereby amended by striking out the item number “6001-0801” and inserting in place thereof the following item number:- 6001-0881.

SECTION 36.
Said section 2C of said chapter 303 is hereby further amended by striking out the item number “6001-0802” and inserting in place thereof the following item number:- 6001-0882.

SECTION 37.
Said section 2C of said chapter 303 is hereby further amended by striking out the item number “6001-0804” and inserting in place thereof the following item number:- 6001-0884.

SECTION 38.
Said section 2C of said chapter 303 is hereby further amended by striking out the item number “6001-0805” and inserting in place thereof the following item number:- 6001-0885.

SECTION 39. Section 2E of said chapter 303 is hereby amended by striking out the item number “6001-0813” and inserting in place thereof the following item number:- 6001-0820.

SECTION 40. Section 2C of chapter 304 of the acts of 2008 is hereby amended by striking out the item number “0640-0300” and inserting in place thereof the following item number:- 0640-0301.

SECTION 41.
Section 2D of said chapter 304 is hereby amended by striking out the item number “0330-9999” and inserting in place thereof the following item number:- 0330-9997.

SECTION 42.
Section 2A of chapter 312 of the acts of 2008 is hereby amended by striking out the item number “0526-2010” and inserting in place thereof the following item number:- 0526-2012.

SECTION 43.
Subsection (b) of section 7 of chapter 377 of the acts of 2008 is hereby amended by striking out the word "middlesex" and inserting in place thereof the following word:- middle.

SECTION 44.
Section 13 of chapter 5 of the acts of 2009 is hereby amended by striking out the words “chapter 188” and inserting in place thereof the following words:- section 88 of said chapter 182.

SECTION 45.
Notwithstanding any general or special law to the contrary, for fiscal years 2009 and 2010, net recoveries generated by a contract entered into by the comptroller under section 29E of chapter 29 of the General Laws for accounts receivable cost recovery services shall be deposited as unrestricted revenue in the General Fund; provided, however, that federal funds shall be returned to the federal government and any amounts to be financed through the sale of bonds shall be used to reduce the amount financed.

SECTION 46.
Notwithstanding any general or special law to the contrary, the comptroller shall, in consultation with the secretary of administration and finance, transfer not more than $2,681,250 from the General Fund to the Department of Energy Resources Credit Trust Fund, established in subsection (b) of section 13 of chapter 25A of the General Laws.

SECTION 47.
Notwithstanding any general or special law to the contrary, the comptroller shall reduce the final local aid payment under chapter 70 of the General Laws for fiscal year 2009 to be made in June 2009 by $412,000,000 if the secretary of administration and finance certifies in writing to the comptroller and has provided written notice to the house and senate committees on ways and means, that federal grant funds in the amount of $412,000,000 have been obligated or expended so that all school districts will receive the full amount appropriated in section 3 of chapter 182 of the acts of 2008.

SECTION 48. Notwithstanding subsection (c) of section 10 of chapter 152 of the acts of 1997, not later than June 30, 2009, $65,000,000 of the balance in the Convention Center Fund, which the state treasurer and the secretary of administration and finance have determined to exceed the amount necessary to satisfy the requirement of sufficiency under said subsection (c) of said section 10 of said chapter 152, shall be transferred to the General Fund.

SECTION 49. Notwithstanding any general or special law to the contrary, federal grant funds in items 7061-0004 and 7061-0005 distributed to school districts in fiscal years 2009 and 2010 through the State Fiscal Stabilization Fund under Title XIV of the American Reinvestment and Recovery Act of 2009 shall not be subject to indirect charges under section 32A of chapter 35 of the General Laws and section 5D of chapter 40 of the General Laws. Subsection (f) of section 6B of chapter 29 of the General Laws shall not apply to these funds. School districts shall continue to provide for and make contributions to appropriate pension funds, as required by paragraph (c) of subdivision (7) of section 22 of chapter 32 of the General Laws, for employees whose salaries are paid from these federal funds in the same manner as contributions are made when receiving state education aid under chapter 70 of the General Laws.

SECTION 50. Notwithstanding any general or special law to the contrary, the unexpended balances of all capital accounts which otherwise would revert on June 30, 2009, but which are necessary to fund obligations during fiscal year 2010, are hereby re-authorized; but this re-authorization shall terminate upon enactment of capital account extension legislation.

SECTION 51. If Senate, No. 2087 of 2009, “An Act Modernizing the Transportation Systems of the Commonwealth,” enacted by the Senate and House of Representatives on June 18, 2009, becomes law, sections 52 to 60 shall take effect, but not otherwise.

SECTION 52. Section 133 of Senate, No. 2087 is hereby amended by striking out subsection (a) and inserting in place thereof the following subsection:-
(a) The Massachusetts Turnpike Authority shall be dissolved and, without further conveyance or other act, all assets, liabilities, obligations, debt, rights, powers and duties of the authority shall be transferred to and assumed by the Massachusetts Department of Transportation, as the successor to the authority. Unless specifically provided to the contrary, the terms “turnpike”, “Ted Williams tunnel”, “Sumner tunnel”, and “metropolitan highway system”, as used in this section and elsewhere in this act, shall have the meanings prescribed to them in chapter 6C of the General Laws.

SECTION 53. Section 144 of Senate, No. 2087 is hereby amended, in subsection (b), in the first sentence, by striking out the words “not later than September 1, 2009” and inserting in place thereof the following words:- effective as of January 1, 2010.

SECTION 54. Said section 144 is hereby further amended, in subsection (d), in the first sentence, by striking out the words “shall remain the liability of the authority” and inserting in place thereof the following words:- all rights and obligations thereunder shall transfer to the department on January 1, 2010 as the successor to the authority with respect thereto.

SECTION 55. Section 156 of Senate, No. 2087 is hereby amended, in subsection (a), in the first sentence, by striking out the word “July” and inserting in place thereof the following word:- November.

SECTION 56. Said section 156 is hereby further amended, in said subsection (a), by striking out the last sentence.

SECTION 57.
Said section 156 is hereby further amended, in subsection (b), in the first sentence, by striking out the word “July” and inserting in place thereof the following word:- January.

SECTION 58. Said section 156 is hereby further amended, in said subsection (b), by striking out the last sentence.

SECTION 59. Senate, No. 2087 of 2009 is hereby further amended by inserting after section 181 the following section:-
Section 181A. The provisions of the second sentence of section 15 of chapter 6C of the General Laws that salaries and benefits of employees of the Massachusetts Department of Transportation shall be classified and funded as operating expenditures rather than as capital expenditures shall take effect on July 1, 2012. The Massachusetts Department of Transportation shall develop a plan not later than July 1, 2010, that provides for the conversion of the salaries and benefits of all employees from the department's capital expenditures to the department's operating expenditures by not later than July 1, 2012, including the proposed method of financing said conversion. This plan shall be filed with the joint committee on transportation, the house and senate committees on bonding, capital expenditures and state assets and the house and senate committees on ways and means.

SECTION 60. Senate, No. 2087 is hereby further amended by striking out sections 183, 184 and 185 and inserting in place thereof the following 3 sections:-
Section 183. Sections 14, 33, 34, 35, 68, 70, 71, 72, 79, 81, 82, 130, 141, 143, 146, 149, 162, 163, 164 and 168 shall take effect on July 1, 2009.
Section 184. The provisions of sections 8 and 9 that relate to powers and responsibilities of the Massachusetts Department of Transportation with respect to the Maurice J. Tobin Memorial Bridge shall take effect on January 1, 2010.
Section 185. Except as otherwise provided herein, this act shall take effect on November 1, 2009.

SECTION 61.
If House, No. 4129, “An Act Making Appropriations for the Fiscal Year 2010 for the Maintenance of the Departments, Boards, Commissions, Institutions and Certain Activities of the Commonwealth, for Interest, Sinking Fund and Serial Bond Requirements and for Certain Permanent Improvements,” enacted by the Senate and House of Representatives on June 19, 2009, becomes law, section 62 shall take effect, but not otherwise.

SECTION 62. House, No. 4129 is hereby amended by striking out sections 28, 46 and 158.

SECTION 63. Section 44 shall take effect as of March 19, 2009.

Approved June 29 , 2009